Pierre Investments, Inc. v. David Corona D/B/A Corona and Son Construction ( 2015 )

Dismiss and Opinion Filed December 17, 2015 S In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-00896-CV PIERRE INVESTMENTS, INC., Appellant V. DAVID CORONA D/B/A CORONA AND SON CONSTRUCTION, Appellee On Appeal from the 162nd Judicial District Court Dallas County, Texas Trial Court Cause No. DC 12-12422-I MEMORANDUM OPINION Before Justices Francis, Evans, and Stoddart Opinion by Justice Francis After notice of submission of this appeal was sent to the parties, counsel for appellant Pierre Investments, Inc. notified the Clerk of the Court that the parties had settled. Counsel was then instructed to file a corresponding motion to dismiss. On December 10, 2015, appellant filed a “Notice of Dismissal” seeking to “[d]ismiss all claims with prejudice against David Corona dba Corona and Son Construction.” We treat the notice as a motion to dismiss the appeal and DISMISS the appeal. Subject to any agreement of the parties, we ORDER Pierre Investments, Inc. to pay the costs of this appeal. 140896F.P05 /Molly Francis/ MOLLY FRANCIS JUSTICE S Court of Appeals Fifth District of Texas at Dallas JUDGMENT PIERRE INVESTMENTS, INC., Appellant On Appeal from the 162nd Judicial District Court, Dallas County, Texas No. 05-14-00896-CV V. Trial Court Cause No. DC 12-12422-I. Opinion delivered by Justice Francis; DAVID CORONA D/B/A CORONA AND Justices Evans and Stoddart participating. SON CONSTRUCTION, Appellee In accordance with this Court’s opinion of this date, the appeal is DISMISSED. Subject to any agreement of the parties, it is ORDERED that appellee DAVID CORONA D/B/A CORONA AND SON CONSTRUCTION recover his costs of this appeal from appellant PIERRE INVESTMENTS, INC. Judgment entered December 17, 2015. –2–